Salem Abdul Salem Ghereby
| place_of_birth = Zletan, Saudi Arabia | date_of_death = | place_of_death = | detained_at = Guantanamo | id_number = 189 | group = | alias = *''' Radfat Muhammad Faqi Alji Saqqaf '''* Salim Gherebi *''' Falen Gherebi | charge = No charge | penalty = | status = Still held in extrajudicial detention | occupation = | spouse = | parents = | children = }} '''Salem Abdul Salem Ghereby (born March 1, 1961) (also known as '''Salim Gherebi')'' is a citizen of Libya held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. His Guantanamo Internment Serial Number is 189. Joint Task Force Guantanamo counter-terrorism analysts reports that he was born on March 1, 1961, in Zletan, Saudi Arabia. As of March 27, 2010, Salem Abdul Salem Ghereby has been held at Guantanamo for seven years 10 months. Access to US Civil Courts Salem was the first Guantanamo captive to challenge whether he should have access to US Civil Courts. Human rights lawyer Stephen Yagman filed the appeal on Salem's behalf after being contacted by Salem's brother Justice Matz ruled against Salim, but Matz's ruling was overturned on appeal, by the 9th US Circuit Court of Appeals, on December 18, 2003. On February 20, 2007 two of the three judges on US Court of Appeals for the DC Circuit ruled that when the Military Commissions Act stripped the right to use habeas corpus from the Guantanamo captives retroactively, and that appeals, like Salem's, which were in process, were vacated. Salem's legal representation Salem's lawyer is Duke University professor Erwin Chemerinsky. He handled Salem's writ of habeas corpus. In 2002 Chemerinsky said he received death threats for his efforts on Gherebi's behalf: *''“I’ve never done anything that’s gotten the quantity of hate mail this has gotten,” *''“I just feel it’s so important for the United States to follow the law." Combatant Status Review Tribunal Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status. Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant. Salem's Combatant Status Review Tribunal dossier The Associated Press acquired the entire unclassified dossiers prepared for 58 of the Guantanamo captives' Combatant Status Review Tribunals, and made them available for public download. Unclassified dossier (.pdf), prepared for Salem Abdul Salem Ghereby's Combatant Status Review Tribunal - September 27, 2004 - page 12 Unclassified Summary of basis for Tribunal decision The "Unclassified Summary of basis for Tribunal decision" states Salem did not acknowledge his Personal Representative or his translator when they came to read his CSRT notice to him. Unclassified Summary of basis for Tribunal decision (.pdf), from Salem Abdul Salem Ghereby's Combatant Status Review Tribunal - September 27, 2004 - pages 8-10 The document ended with: :Upon careful review of all the evidence presented in this matter, the Tribunal makes the following determinations: :a. The detainee chose not to participate in the Tribunal proceeding. No evidence was produced that caused the Tribunal to question whether the detainee was mentally and physically capable of participating in the proceeding, had he wanted to do so. Accordingly, no medical or mental health evaluation was requested or deemed necessary. :''b. As indicated in Exhibit D-a, the detainee made a conscious decision not to acknowledge the Personal Representative’s invitation to participate in the Tribunal process. Instead, he chose to recite verses of the Koran during their entire meeting. Accordingly, the Tribunal finds the detainee made a knowing, intelligent and voluntary decision not to participate in the Tribunal process. :''c. The detainee is properly classified as an enemy combatant because he was part of or supporting A1 Qalda forces, or associated forces that are engaged in hostilities against the United States or its coalition partners. Detainee Election Form The Personal Representative recorded, on the "Detainee Election Form": Unclassified Detainee Election Form (.pdf), from Salem Abdul Salem Ghereby's Combatant Status Review Tribunal - September 26, 2004 - page 11 :"Detainee recited versus from the Koran during the entire interview, would not acknowledge the presence of either the PR or translator. When asked if he wanted to participate the PR took the lack of response as a negative." Summary of Evidence The 2004 allegations from the Summary of Evidence memo in Salem's dossier were : First annual Administrative Review Board A Summary of Evidence memo was prepared for Salem Abdul Salem Ghereby's first annual Administrative Review Board, on 23 September 2005. The memo listed factors for and against his continued detention. ''The following primary factors favor continued detention The following primary factors favor release or transfer Second annual Administrative Review Board A Summary of Evidence memo was prepared for Radfat Muhammad Faqi Alji Saqqaf's first annual Administrative Review Board, on 11 September 2006. The memo listed factors for and against his continued detention. The following primary factors favor continued detention The following primary factors favor release or transfer References External links * Who Are the Remaining Prisoners in Guantánamo? Part Three: Captured Crossing from Afghanistan into Pakistan Andy Worthington, September 22, 2010 Category:Living people Category:People held at the Guantanamo Bay detention camp Category:Libyan extrajudicial prisoners of the United States Category:1961 births